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(영문) 부산지방법원 2019.07.16 2018가단331388
사해행위취소
Text

1. As to KRW 19,59,220 and KRW 19,193,550 among the Plaintiff and KRW 19,193,50, Defendant A, from October 4, 2018 to January 29, 2019.

Reasons

1. Facts of recognition;

A. (1) On February 6, 2018, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on February 6, 2023, with a guarantee term of KRW 20,000,000, the guarantee term of KRW 6,200,000, and received a guarantee certificate from the Plaintiff to the branch of Dcheon-dong (hereinafter “Nonindicted-dong Bank”) in the same day, and received a loan under the pretext of a general loan.

The Plaintiff and Defendant A agreed to pay to the Plaintiff the amount of performance of the guaranteed obligation and the amount of damages calculated by the Foundation from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation under Article 28 of the Regional Credit Guarantee Foundation Act and Article 10 of the Credit Guarantee Agreement (as of October 4, 2018, the date of payment by subrogation) and the method of calculation. The Plaintiff and Defendant A also agreed to pay the Plaintiff the expenses incurred in the performance of the guaranteed obligation and the expenses incurred in legal procedures, such as the preservation, transfer, and exercise of the rights acquired by the Plaintiff through the performance of the guaranteed obligation.

On the other hand, on the other hand, Defendant A caused a credit guarantee accident by commencing the principal and interest of the bank from around June 8, 2018. On October 4, 2018, the Plaintiff subrogated the bank of Nonparty 19,193,550 won (interest of KRW 18,981,00) for the principal and interest of the credit guarantee obligation (interest of KRW 212,550) and disbursed KRW 405,670 at the legal procedure cost to preserve the claim for reimbursement.

B. On April 23, 2018, Defendant A completed the registration of the establishment of a mortgage on the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by Defendant B, the same resident, based on the agreement to establish a mortgage (hereinafter “instant agreement”) as of April 21, 2018, the Busan District Court received on April 23, 2018 from Busan District Court Decision 18927, April 21, 2018.

[Reasons for Recognition]: Each entry of Gap evidence 1-1, 2, A2-5, and the purport of the whole pleadings.

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